Enns et al v. Flores et al

Filing 253

ORDER re: defendants' Motions to Dismiss second Amended Complaint, signed by Senior Judge Oliver W. Wanger on 9/8/2011. (Kusamura, W)

1 Jeffery L. Caufield, Esq. (SBN 166524)
[e-mail]
2 Kenneth E. James, Esq. (SBN 173775)
[e-mail]
3 CAUFIELD & JAMES, LLP
2851 Camino Del Rio South, Suite 410
4 San Diego, California 92108
[phone] Telephone
5 [phone] Facsimile
6
Attorneys for Plaintiffs Enns Pontiac, Buick, & GMC Truck, Earl L. Enns & Esther
7 Enns as Trustees of the 2004 Enns Family Trust, Harold J. Enns & Patricia L. Enns
as Trustees for the Family Trust
8
9
10
11

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

12 ENNS PONTIAC, BUICK, & GMC
TRUCK , a California Corporation;
13 EARL L. ENNS and ESTHER J.
ENNS as Trustees of the 2004 Enns
14 Family Trust; and HAROLD J.
ENNS and PATRICIA L. ENNS as
15 Trustees for the Family Trust,
16
17
18
19
20
21
22
23
24
25
26
27
28

)
)
)
)
)
)
)
)
Plaintiffs,
)
v.
)
)
ORELIA FLORES, an individual;
)
SACHIKO YAMAGUCHI, as
)
administrator to THE ESTATE OF )
SIETO YAMAGUCHI; THE
)
ESTATE OF SIETO YAMAGUCHI, )
deceased; PATRICIA CLOTHIER )
and CAROLYN WHITESIDES, as )
administrators to THE ESTATE OF )
HERBERT LEE; PATRICIA
)
CLOTHIER and CAROLYN
WHITESIDES, as administrators to
THE ESTATE OF MABEL LEE;
THE ESTATE OF MABEL LEE,
deceased; THE ESTATE OF
HERBERT LEE, deceased;
REEDLEY STEAM LAUNDRY;
REEDLEY DRY CLEANING
WORKS; JOHN PEARCE, an
individual; PATSY MARTINEZ, an
individual; LOUIE MARTINEZ, an
individual,

NO: 1:07-CV-01043-OWW-DLB
ORDER REGARDING
DEFENDANTS’ MOTIONS TO
DISMISS SECOND AMENDED
COMPLAINT

Hearing Date: June 20, 2011
Time: 10:00 a.m.
Courtroom: 3
Judge: Oliver W. Wanger

Defendants.
ORDER REGARDING DEFENDANTS’ MOTIONS
TO DISMISS SECOND AMENDED COMPLAINT

1
2

TO EACH PARTY AND THEIR ATTORNEY OF RECORD:
Pursuant to the Court’s August 29, 2011 Memorandum Decision and Order Re

3
4
5
6
7
8
9
10
11
12

Defendants’ Motion to Dismiss Second Amended Complaint (“SAC”) and having
considered the motions, memoranda, declarations, exhibits filed, and arguments
made during the June 20, 2011 hearing in connection with (1) Defendant Sachiko
Yamaguchi, as administrator to the Estate of Sieto Yamaguchi’s motion to dismiss
Plaintiffs’ SAC, and (2) Defendants Patricia Clothier and Carolyn Whitesides as
administrators for the Estate of Herbert Lee and the Estate of Mabel Lee (together,
the “Lee Administrators”), the Estate of Herbert Lee, the Estate of Mabel Lee,
Reedley Steam Laundry, and Reedley Dry Cleaning Works’ (collectively, “Lee
Defendants”) motion to dismiss the SAC, the Court ORDERED the following:
1. Sachiko Yamaguchi’s motion to dismiss is DENIED.

13

2. The Lee Defendants’ motion to dismiss is GRANTED in part and

14
15

DENIED in part as follows:
a. GRANTED WITH PREJUDICE as to the Estate of Herbert Lee and

16

the Administrators of the Estate of Herbert Lee; and

17

b. DENIED as to the Estate of Mabel Lee and the Administrators of the

18

Estate of Mabel Lee.

19
20
21
22

IT IS SO ORDERED.

23
Dated:

24

September 8, 2011

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

DEAC_Signature-END:

25
26

emm0d64h

27
28

1
ORDER REGARDING DEFENDANTS’ MOTIONS
TO DISMISS SECOND AMENDED COMPLAINT